HomeMy WebLinkAbout038-1147-70-000(2) ST. CODIX COUNTY
-=.
WISCONSIN
_ ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
:•: -.- 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680- Fax (715) 386-4686
December 19,2003 File Ref: -37-03
Julie Orf
2150 Shore Drive
Somerset, WI 54025
Re: Board of Adjustment Decision
Dear Applicant:
The St. Croix County Board of Adjustment has reviewed your request for an after-the-fact special
exception permit for grading in the shoreland area of Squaw Lake to allow existing fill to remain on
the site, below the ordinary high water mark of Squaw Lake, and has denied this request. The
formal decision is enclosed.
Should you have any questions or concerns,please contact me.
Since y,
Steve Fisher
Zoning Director
dz
Enclosure
cc: Felicia Germain, Clerk,Town of Star Prairie, w/enclosure
Eunice Post,DNR,w/enclosure
Pete Kling, LWCD,w/enclosure
• '
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: 19-03
Applicant: Julie Orf
Complete Application Received: June 13,2003
Hearing Notice Publication: Weeks of September 8 and 15,2003
Hearing Date: September 25, 2003
Decision Date: October 23,2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein, and reviewed the site,the Board
finds the following facts:
1. The applicant is Julie Orf.The site address is 2150 Shore Drive, Somerset,WI 54025.
2. The property is located in Lot 6 and 7,of Wigwam Shores, in the SE 1/4 of the NE '/4 of
Section 17,T3 IN-RI 8W,Town of Star Prairie.
3. An application was made for a special exception permit for an after-the-fact permit for
filling and grading in the Shoreland District of Squaw Lake to allow existing fill to remain
on the site below the OHWM of Squaw Lake.
4. The Board finds that the county staff had informed the applicant of the shoreland issues
before the fill was brought onto the site. The fill that was placed on the site constitutes a
violation. Fill may only be placed below the OHWM if a permit is approved by the DNR.
The DNR and the St. Croix County Land and Water Conservation Department oppose of
the request and have asked that the fill be removed and the site be restored to its original
state.
5. The Board finds that this is an environmentally sensitive area and by filling in this
shoreland area, it would have negative impacts on the habitat in Squaw Lake.
6. The Board of Adjustment finds that the request does not conform with the requirements
granted under Section 17.29(2)(a) of the St. Croix County Zoning Ordinance, and if the
permit was granted, the spirit and intent of the ordinance would not be met.
MCISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
denied the request for an after-the-fact special exception permit for filling and grading in the
Shoreland District of Squaw Lake. The applicant is to remove all fill placed below the
OHWM of Squaw Lake and restore the property to its original state.
The following vote was taken to deny the request: Krueger, yes; Marzolf, yes; Peterson, yes;
Golz, yes; Chairperson Speer, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St.
Croix County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal period. St. Croix County does not certify that the identity of all persons
legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision,
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her
expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of
Adjustment to submit its record(file)of this matter to the circuit court.
ZONING OF ADJUSTMENT
Signed 15." ",/—
Ch ' rson
Date: 12/22/03 Attest
Filed: 12/22/03 Zoning Director
2
Parcel #: 038-1147-70-000 04/02/2014 10:58 AM
PAGE 1 OF 1
Alt. Parcel M 17.31.18.629 038-TOWN OF STAR PRAIRIE
Current ❑X ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
LISA M&DANNY B LUSTIG O-LUSTIG, LISA M&DANNY B
2150 SHORE DR
SOMERSET WI 54025
Property Address(es): '=Primary
*2150 SHORE DR
Districts: SC=School SP=Special
Type Dist# Description
SC 5432 SCH DIST OF SOMERSET
SP 8050 SQUAW LAKE RHAB&MANAGE Notes:
SP 1700 WITC
Legal Description: Acres: 0.000
SEC 17 T31 N R1 8W LOT 6 BILK C PLAT OF
WIGWAM SHORES Parcel History:
Date Doc# Vol/Page Type
06/14/2007 852901 WD
05/03/2004 761456 2563/268 WD
04/29/2004 761081 2560/373 QC
08/27/2001 654781 1706/408 WD
more
Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg:
*03-047-WIGWAM SHORES 17-31N-18W C LOT 06
2014 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/13/2011
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 0.000 45,100 163,400 208,500 NO
Totals for 2014:
General Property 0.000 45,100 163,400 208,500
Woodland 0.000 0 0
Totals for 2013:
General Property 0.000 45,100 163,400 208,500
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 038-1147-75-000 04/02/2014 10:58 AM
PAGE 1 OF 1
Alt. Parcel M 17.31.18.630 038-TOWN OF STAR PRAIRIE
Current ❑X ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
LISA M& DANNY B LUSTIG O-LUSTIG, LISA M& DANNY B
2150 SHORE DR
SOMERSET WI 54025
Property Address(es): *=Primary
Districts: SC=School SP=Special *2148 SHORE DR
Type Dist# Description
SC 5432 SCH DIST OF SOMERSET
SP 8050 SQUAW LAKE RHAB&MANAGE Notes:
SP 1700 WITC
Legal Description: Acres: 0.000
SEC 17 T31 N R1 8W LOT 7 BILK C PLAT WIGWAM
SHORES Parcel History:
Date Doc# Vol/Page Type
06/14/2007 852901 WD
05/03/2004 761456 2563/268 WD
04/29/2004 761081 2560/373 QC
08/27/2001 654781 1706/408 WD
more...
Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg:
*03-047-WIGWAM SHORES 17-31N-18W C LOT 07
2014 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/13/2011
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 0.000 30,200 0 30,200 NO
Totals for 2014:
General Property 0.000 30,200 0 30,200
Woodland 0.000 0 0
Totals for 2013:
General Property 0.000 30,200 0 30,200
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
ST. CROIX COUNTY
WISCONSIN
- - -- ZONING OFFICE
N N 0 N N N N N ■'■■! ST.CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
�JAM" Hudson, WI 54016-7710
"---"''-
_s (715) 386-4680 FAX(715) 386-4686
August 7,2003
Ms.Julie Orf
1517 95`h Street
New Richmond,WI 54017
RE:Notice of St.Croix County Ordinance Violation-Zoning Ordinance
Location: Hudson,WI 54016
Computer#:030-1069-10-002 Parcel#:26.30.19.251G
Dear Ms.Orf
It has been brought to our attention that you are in violation of the St. Croix County Zoning Ordinance,specifically
section 17.29(2)(a). Staff conducted a site inpspection on July 22, 2003 and confirmed that you have brought in a
large amount of fill in an area below the Ordinary High Water Mark(OHWM)of Squaw Lake. I have enclosed five
citations and a cover letter to abate this matter.
Section 17.29(2)(a)states:
RESTRICTIONS ON FILLING AND GRADING. (a)There shall be no filling or grading of any area at or
below the Ordinary High Water Mark of a navigable body of water without first obtaining a
special exception permit from the Board of Adjustment. Such a permit shall not be granted until
any state permit required by the Department of Natural Resources has been obtained.
To address this matter,you are required to apply for an after-the-fact special exception permit for grading and filling
that occurred below the OHWM, removal of the fill and site restoration. Please submit your completed application
along with the supporting documents by September 15,2003. I have enclosed an application for your convenience.
It was also determined during our inspection that you drove over your mound system multiple times. Please have
this system inspected by a licensed plumber and submit their report to the Zoning Office by September 15,2003. It
is imperative that you do this so the plumber may check for any compaction,broken pipes,or anything else that may
cause the system to fail. I have enclosed a list of plumbers also for your convenience. Please also be advised that
you are not to disturb the area 15'down slope from the mound. This area is critical in accepting effluent
wastewater.
Please contact me if you have any questions.
Sincerely,
Pch Jenm er Emme
Zoning Technician
Enclosures: Special exception application
Plumber's list
Cc: Eunice Post,Wisconsin Department of Natural Resources
Town of Star Prairie
Roger Swanson,Squaw Rehabilitation District
Bryon Bird,Jr.,Original Plumber
Sanitary file
Violation file